The only suspect in the disappearance of Robyn Gardner , who went missing in Aruba during a weeklong trip last August, will be a free man by Tuesday, according to one of his attorneys.

Gary Giordano's lawyer, Jose Baez, told ABC News that Giordano would be freed Tuesday night at 8 p.m. and could be home as early as Wednesday.

"Gary had a chance to speak, and the judge listened to him," Baez said. "He made a heartfelt plea -- explained the situation."

Giordano had spent more than 100 days in jail on the island after an Aruban judge threw out the prosecutors' request to keep Giordano detained without charge for another 30 days.

"Justice delayed is justice denied," Baez said.

Prosecutors admitted that they had no body, no murder weapon and no solid motive. But over the past few months, they believed they had accumulated enough circumstantial evidence to keep Giordano jailed for a while.

The judge thought differently.

During today's short proceeding, Giordano was allowed to explain his situation, according to Baez, who also defended Casey Anthony.

"It doesn't even pass the laugh test," Baez said today on "Good Morning America." "You're going to say a person goes to an island he has never been to before and doesn't leave a trace of a crime. I don't buy it. I don't buy it."

Taco Stein, Aruba's solicitor general, said he was "extremely surprised" the judge decided against extending Giordano's detention. He told ABC News he'd filed an appeal to Aruba's high court this morning, triggering a scramble to convince the island's three-judge panel to convene before Giordano is freed Tuesday night. They typically convene once a week, on Wednesdays.

If Giordano left the country, and the panel decided to extend his detention, Aruban prosecutors would be forced to file an extradition order -- something Stein said he hoped to avoid.

"For the investigation this will not change a thing," Stein said. "We are determined to get an answer and determined to see to it that Robyn's family will get the closure they deserve. We feel that during these difficult days."

Investigators had been trying to determine whether Giordano (once arrested for shoplifting
PlayStations) was either a criminal mastermind or just a guy with bad luck -- and some bad legal advice from his first attorney.

Giordano still faces a possible grand jury indictment in Maryland.

Gardner's boyfriend, Richard Forester, told ABC news, "I hope the U.S. federal authorities have had sufficient time to gather evidence from the FBI raid on Gary Giordano's home in August and the investigation stateside so that an indictment can be obtained here in Maryland. If this is the case, then I hope he is taken into custody by U.S. federal authorities before he has a chance to be a flight risk. ... I still keep faith and hope that Robyn will be found alive."

In September, Giordano was denied release from the Aruba jail after evidence surfaced suggesting he was eager to cash in on the life insurance policy of Gardner.

"[He] sounded excited, like he was about to win something," one representative from American Express insurance told the FBI.

Court documents also show that Giordano had previously taken out an insurance policy on Gardner for a trip in June. The policy, obtained by ABC News, is dated April 27 and was signed by Gardner on May 12, officially designating Giordano as her beneficiary and listing him as her "domestic partner."

Gardner, who'd met Giordano on a swinger's website, later canceled the trip and went to New York with her roommate, Christina Jones, instead. Jones has previously told ABCNews that Giordano sent Gardner aggressive, harmful texts for her decision to bail on the trip and go to New York.